FILED
NOT FOR PUBLICATION FEB 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10233
Plaintiff - Appellee, D.C. No. 4:09-cr-02593-JMR
v.
MEMORANDUM *
AGUSTIN GUADALUPE
GONZALES-RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief District Judge, Presiding
Submitted February 15, 2010 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Agustin Guadalupe Gonzales-Rodriguez appeals from the 37-month
sentence imposed following his guilty-plea conviction to re-entry after deportation,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we dismiss.
Gonzales-Rodriguez contends that the district court erred when it applied the
16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) after finding that
his prior conviction for statutory rape was a “crime of violence.” The valid and
enforceable appeal waiver set forth in the plea agreement precludes our review of
this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We
therefore enforce the waiver and dismiss the appeal.
DISMISSED.
2 10-10233